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Last updated June 8, 2016
The terms stated in stated on this page, along with the documents linked to it, addresses to you the terms in which you may use our Website, www.cocnourserentals.com, as a an active member or registered user. By using our Website, you indicate that you accept and agree to be bound by the terms of this Agreement. When using this Website’s Services, you shall be subject to any posted guidelines or rules applicable to such Services, which may be modified in the future. Concourse reserves the right to change, modify, amend, withdraw and/or update the terms, conditions, and Services, without prior notice, including adding or removing features to our site as it exists now. All such guidelines or rules are hereby incorporated by reference into the terms of Service. You are expected to check this page for any changes, modifications or updates, as they are binding on you.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS Agreement, IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.
General TermsConcourse does not at any time provide, or purport to provide, any advice, or advisory Services, to Landlords, Creatives or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any Rental Agreement. Concourse disclaims all liability relating to the provision of advice relating to property. Landlords and Creatives accept that Concourse’s role is limited to no more than that of a facilitator.
Concourse reserves the right at its sole discretion to remove from the Website any illegal, inaccurate or misleading content, including anything that in its opinion is injurious to Concourse’s goodwill or goodwill attaching to the Website, without notice.
Concourse makes no warranty as to any particular result being achieved or obtained, or being achievable or attainable, from use of the Website and the introduction of any prospective Creative to Landlord.
Concoursewww.cocnourserentals.com is a Website operated by Concourse (“site,” “Concourse,” “we,” or “us”). Concourse is a online platform facilitating short-term Space letting arrangements between Landlord and platform members (also referred to as “Creatives”).
No guarantees of the functioning of the Sharetribe Service are given. The users are themselves responsible for their actions in the Service and they should estimate the reliability of other users before dealing with them. Ther Service provider can under no circumstances be liable for damage that caused the user. The user may not store any information or data in the Service, and expect it to remain there.
How It WorksConcourse is a online platform that connects people who need short-term studio, retail, and/or exhibition Space (“Creatives”) to property owners (“Landlords”) that have Space available on that basis. We make finding and renting Creative Space easy through our online booking system. Our system gives members the flexibility to rent Space by 30min, daily, weekly, and monthly increments. Concourse allows Landlords to list their Space, specify Rental rates, and communicate with Creative members directly. Creatives interested in a Space will contact a Landlord, using our Website. A Landlord may choose to accept or deny a booking request. If a Landlord is satisfied with a request, the Landlord and the Creative will enter a Rental Agreement directly. Then, Concourse collects the Rental payments from the Creative through our third party vendor, Paypal, on behalf of the Landlord. Concourse does not assume liability for Creatives and/or Landlord property and solely act as a connecting online community marketplace.
Landlords ResponsibilitiesLandlords are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted on the Website. Once a Landlord has listed their property availability the through Concourse Website, they will enter an Agreement with us which will determine the relationship between Landlord and Concourse moving forward. Our terms will be included in the Agreement by reference. In the event that the Agreement and these terms are inconsistent, the terms of the Agreement will ultimately define the terms.
Landlords are solely responsible for the conduct of any prospective Creatives during the negotiations of any Tenancy Agreement. The decision to let a property to any particular Creative is up to the Landlord’s discretion without any representation, warranty, or statement by Concourse. When a Landlord receives a booking request, they will promptly respond accepting or denying a request. Once a Space let has been fulfilled, Concourse has no obligations to Landlords to reinstate or repair, any properties let by Landlords at the end of any tenancy Agreement.
Landlords are responsible for insurance of their own property and for insurance against risks normally borne by occupiers of Rental Spaces or otherwise specified by the Landlord.
Creative ResponsibilitiesOnce a Creative has found a property on the Concourse platform that satisfies your requirements, you may submit a booking request to the Landlord. A booking request is the price offering to the Landlord for the duration of time a Creative will occupy a Space. If a booking request is accepted, the Creative will enter an Agreement with the Landlord either on the Concourse Agreement and/or the specified terms by a Landlord’s property listing. Creatives must comply with the specified terms of their Agreement with the Landlord, including any special terms, rules, Rental requirements, and/or Rental limitations.
By accessing Concourse’s database of available Rentals, Creatives and Landlords agree to not transact Rental and/or Service payments directly, with respect of the properties they have discovered on the Concourse Website, unless they have Concourse’s prior consent.
Creatives are responsible for leaving a rented Space in the condition it was in before occupying the Space. Creatives are responsible for insurance of their own property and for insurance against risks normally borne by occupiers of Rental Spaces or otherwise specified by the Landlord. If a Creative has any doubt about what insurance is required they should consult their own insurers or insurance brokers.
Creatives are responsible for finding properties that meet their Rental requirements with regards to features, amenities, location, size, and equipment. Concourse does not warrant, guarantee, or represent properties listed by Landlords of suitable condition to be let or that Landlords have the right to enter Rental contracts in respect of the properties listed by Landlords and to receive Rental payments in respect of the properties. Concourse is not liable for the legality, accuracy or completeness of any Rental offers or content posted by Landlords in respect of any proposed Rental contract that fails to satisfy for any reason.
Rental contracts are made exclusively between Landlords and Creatives. Concourse is not a party to any Rental contract, or negotiation to any Rental contract, and does not fulfill any obligations derived from the contractual relationship between Landlords and Creatives. Concourse does not make or accept any offers, either in its own capacity or on behalf of either Landlords or Creatives or any other party. Concourse disclaims all liability arising from or related to any Rental contract to the fullest extent permitted by law.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive Services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
To enter a binding Agreement to rent Space, a Creative and Landlord must execute a Creative Use Agreement. This Agreement includes important terms, including a Space’s Rental price, and the Rental must be paid by Creative to Concourse at the time of booking and entering into the Creative Use Agreement. Creative must pay for Rental in full to Concourse before entering into a binding Creative Use Agreement. Concourse shall transmit the Rental fee to the Landlord within three business days after the Space Rental, minus any applicable taxes, commissions, and amounts withheld to address Creative concerns or complaints about the Rental, if any. Concourse does not collect any credit card information. Payment by Creatives may be handled by a third-party vendor, Paypal. Concourse is not responsible or liable for the acts of the third-party vendor, Paypal.
Authorized UseBy using this site, you agree to only use the site and it’s Services for your own use. You shall not permit anyone, including yourself or a third party, to retransmit, broadcast, display, rent, sell, lease the Services to any third party, provide Services to any third party. You shall not permit anyone, including yourself or a third party, to reverse engineer or attempt to find the underlying code of the Services, or use the Services in violation of any applicable law or regulation.
RulesIn using the Services, you will not: (a) impersonate another user or otherwise misrepresent yourself in any manner (including registering through multiple accounts or personas); (b) defame, abuse, stalk or threaten other users; (c) post or transmit any User Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (d) publish falsehoods or misrepresentations; (e) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (f) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, search or data-mine the Services (except Concourse grants operators of public search engines the right to use spider to index its Website). You may not, nor may you assist other parties to (a) copy, modify, or create derivative works of the Services, including any User Content, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Application or Services, or (c) provide or distribute the Services to third parties. You may not use the Site or the Services for any commercial or other purposes that are not expressly permitted by these Terms.
If you wish to link to our homepage, you must do so in such a way that is fair and legal that doesn’t not damage our reputation. You may not link to our site that suggests any form of endorsement or association where none exists. If you wish to make any use of material on our site other than what is stated above, please address your request to email@example.com.
Assumption of RiskYour use of the Services is at your sole discretion and risk. The Services are provided on an “As-Is” and “As-Available” basis without warranties of any kind by Concourse. Concourse disclaims any warranties whether express or implied of merchantability, fitness for a particular purpose, title or non-infringement.
Disclaimer. YOUR USE OF THE ServiceS IS AT YOUR SOLE DISCRETION AND RISK. THE ServiceS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND BY CONCOURSE. ANY ACTIONS YOU TAKE BASED ON THE RECOMMENDATIONS REGARDING SPACES OR OTHERWISE PROVIDED BY THE SERVICES ARE TAKEN AT YOUR OWN RISK. CONCOURSE EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CONCOURSE FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING (I) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE OR THE SERVICES. CONCOURSE FURTHER DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT ANY INFORMATION REGARDING SPACES, INCLUDING DESCRIPTIONS OF SPACES AND ANY PRICING INFORMATION, OR THE LOCATION OF ANY SPACES, AS MAY BE PROVIDED BY USERS OR A THIRD PARTY IS ACCURATE OR COMPLETE.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CONCOURSE WHETHER IN PERSON OR ONLINE. NEITHER CONCOURSE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SPACES OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE SPACE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONCOURSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO CONCOURSE PURSUANT TO THESE TERMS, IN NO EVENT WILL CONCOURSE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER CONCOURSE USER, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A CREATIVE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SPACE PROVIDER, THE AMOUNTS PAID BY CREATIVES TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONCOURSE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Viruses, Hacking and Other OffensesYou must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-Service attack or a distributed denial-of Service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-Service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any Website linked to it.
Reservation of RightsConcourse has the right to remove any users from Sharetribe and terminate their right of use of the Service without any specific reason and without being liable for compensation. Concourse reserves the right at any time to refuse to list a Space or cancel the listing of a Space or remove a Space listing for any reason whatsoever. Concourse reserves the right to terminate the registration of any Concourse member. Users agree that there shall be no recourse against Concourse for exercising its rights to refuse a listing or removing a Space listing.
Our LiabilityThe material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any Websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss or corruption of data;
- loss of goodwill;
- wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Transactions & FeesRental transactions formed through our site or as a result of visits made by you are governed solely by the terms and conditions of the individual tenancy Agreement agreed between the users of the site. Concourse allows all users to make payments for Services through a PayPal account. Concourse charges a monthly subscription fee to list your Space. See pricing here. If you choose to use Paypal, you will be charged a 12% transaction fee of the Rental time purchased. All Landlords are responsible for their own listing prices, Rentals, Service and cancellation fees. Concourse may choose to change the membership rates and transaction fees in the future. Any attempt by a new or returning user to bypass or circumvent Concourse’s commission is a breach of the Terms and a violation of use and shall be prosecuted by Concourse to the fullest extent permitted by law.
Refunds & CancellationsRefunds and cancellations policies are defined in each individual listing. Landlords are responsible for clearly identifying if a listing has a cancellation policy, identifying how strict the policy is, and stating what the terms are if a cancellation should occur. Concourse is not responsible for refunds or cancellations and do not offer Creatives or Landlords guarantees. With both parties consent, we can only refund the payment from Paypal. Landlords shall provide a Cancellation Policy, setting forth the terms of reimbursement, if any, in the Space Use Agreement for each Space. Creatives must review the Cancellation Policy contained in the Creative Use Agreement carefully. Regardless of the Cancellation Policy, processing fees (up to 4%) are not subject to cancellation or reimbursement.
InsuranceAs a condition of use of the Site and Services, every Space Provider must be a named Insured in an insurance policy or policies that cover any Loss arising out of the use of that particular Space by the Creative, its guests, invitees, vendors, clients, customers or licensees, including policies covering property damage, casualty, personal injury, fire, and general liability. As a condition of the use of the Site and Services, Space Provider must warrant and represent that it has obtained and does maintain such insurance policies at all times during which its Space(s) is/are listed on Concourse. Such insurance must be sufficient to cover all uses of the Space associated with any activity that an Creative conducts there, and any use of the Space using the Services. Creatives may opt to purchase additional insurance to cover their use of each individual Space.
Licenses and PermitsCreatives must acquire the necessary licenses and permits to use the space before book a space, if indicated so by a Landlord on their listing.
The users themselves retain the right to all text, pictures and other content that they create in the Service. The users allow others to utilize the content in accordance with the nature of the Service and furthermore allow Concourse to file information and dad and make changes that are necessary for the Service, however other rights are not transferred from the users, unless specifically otherwise agreed to by Concourse. The responsibility of the content lies with the user, who has produced it to Concourse. Concourse has the right to remove any material when it deems it necessary.